Indemnification of the Company and the Operating Partnership. The Underwriter shall indemnify and hold harmless the Company and the Operating Partnership, their respective agents, each person, if any, who controls the Company and the Operating Partnership within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, each director of the Company and each officer of the Company who signs the Registration Statement to the same extent as the foregoing indemnity from the Company and Operating Partnership to the Underwriter, but only insofar as losses, claims, liabilities, expenses or damages arise out of or are based on any untrue statement or omission or alleged untrue statement made in reliance on and in conformity with the Underwriter Content given expressly for use in the preparation of the Preliminary Prospectus, any Issuer Free Writing Prospectus, any Written Testing the Waters Communications, the Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing). This indemnity will be in addition to any liability that the Underwriter might otherwise have.
Appears in 2 contracts
Samples: Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.)
Indemnification of the Company and the Operating Partnership. The Underwriter Each Underwriter, severally and not jointly, shall indemnify and hold harmless the Company and the Operating Partnership, their respective agents, each person, if any, who controls the Company and the Operating Partnership within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, each director of the Company and each officer of the Company who signs the Registration Statement to the same extent as the foregoing indemnity from the Company and Operating Partnership to the each Underwriter, but only insofar as losses, claims, liabilities, expenses or damages arise out of or are based on any untrue statement or omission or alleged untrue statement made in reliance on and in conformity with the Underwriter Content given expressly for use in the preparation of the Preliminary Prospectus, any Issuer Free Writing Prospectus, any Written Testing the Waters Communications, the Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoing). , This indemnity will be in addition to any liability that the each Underwriter might otherwise have.
Appears in 2 contracts
Samples: Underwriting Agreement (Modiv Inc.), Underwriting Agreement (Modiv Inc.)
Indemnification of the Company and the Operating Partnership. The Underwriter Each Underwriter, severally and not jointly, shall indemnify and hold harmless the Company and Company, its agents, the Operating Partnership, their respective agents, each person, if any, who controls the Company and the or Operating Partnership within the meaning of Section 15 of the Securities Act or Section 20 of the Exchange Act, each director trustee of the Company and each officer of the Company who signs the Registration Statement to the same extent as the foregoing indemnity from the Company and the Operating Partnership to the each Underwriter, but only insofar as losses, claims, liabilities, expenses or damages arise out of or are based on any untrue statement or omission or alleged untrue statement or omission made in reliance on and in conformity with information relating to each Underwriter furnished in writing to the Company by the Representative on behalf of such Underwriter Content given expressly for use in the preparation of Registration Statement, any preliminary prospectus or the Preliminary Prospectus, any Issuer Free Writing Prospectus, any Written Testing it being understood that the Waters Communications, the Disclosure Package or the Prospectus (or any amendment or supplement to any of the foregoingonly such information is that defined in Section 7(a). This indemnity will be in addition to any liability that the each Underwriter might otherwise have.
Appears in 1 contract
Samples: Underwriting Agreement (Investors Real Estate Trust)